Marshall Law, P.C.Marshall Law, P.C.2026-08-11T15:22:11Zhttps://www.marshalllawnm.com/feed/atom/WordPress/wp-content/uploads/sites/1400295/2020/09/cropped-Favicon-m-32x32.pngOn Behalf of Marshall Law, P.C.<![CDATA[Should you run from a dog?]]>https://www.marshalllawnm.com/?p=478432026-08-11T15:22:11Z2026-08-11T15:22:11ZGenerally speaking, no, you should not run away from a dog, even if it appears dangerous. This is the first instinct that many people have, simply seeking to protect themselves, but it often makes things worse.
For one thing, turning to run means that you have to turn your back on the dog. On top of that, many dogs have a strong prey drive and like to chase, so running just makes them more likely to do so. They begin to view you as prey that is escaping, and they will follow.Furthermore, remember that dogs are almost always faster than people. Even if you run, if you cannot escape the dog, you have not actually made your situation any safer.
What should you do instead?
It is wise to avoid direct eye contact with the dog, which can be seen as aggressive. But instead of turning your back, just try to turn sideways and watch the dog with your peripheral vision.Dogs are often territorial, so slowly backing away from the dog can be helpful. This demonstrates that you are not a threat and removes you from its perceived territory.Your best option is often to try to remain calm and collected, lowering the energy in the encounter. Screaming, yelling and flailing your arms just increases the energy. But if you stay still, tuck your arms in close to your body and slowly try to move away from the dog, you may be able to avoid an attack.
What if you are still bitten?
Unfortunately, some dangerous dogs will still bite, even if you do everything correctly. If you suffer serious injuries, you need to know how to seek financial compensation from the dog’s owner.
]]>by Marshall Law, P.C.<![CDATA[Can you file a product liability claim before a recall happens?]]>https://www.marshalllawnm.com/?p=478412026-08-10T09:50:43Z2026-08-10T09:50:43ZEvidence that supports a product liability claim
A product recall is not needed to file a product liability claim in New Mexico. A product can have a dangerous defect before a recall is announced. A later recall may support the claim, but that alone does not decide whether the claim is valid.
Factors that may support a claim include:
Product defect: Evidence can show that the product had a design, manufacturing or safety problem.
Injury link: Medical records and other evidence may show that the defect caused the injury.
Manufacturer fault: Records may show that the manufacturer failed to design, test or warn about the product.
Warranty issues: The product may not have met its promised safety or quality standards.
Supply chain role: A manufacturer, distributor, retailer or another party may share responsibility.
Reviewing the available evidence can help determine whether a product liability claim may proceed before a recall is issued.
How can a later recall affect your injury claim?
A later recall does not automatically prove that a manufacturer is responsible. However, it can support a product liability claim by showing that the product may have had a defect before your injury happened. It may also help show that you did not ignore a known safety warning because no recall existed at the time of the incident.
Strong evidence remains important. You should keep the product, packaging, instructions, purchase receipts, photos, videos and medical records. After a recall, the product should not be used, as continued use can increase the risk of injury. Reporting the incident to the Consumer Product Safety Commission (CPSC) or, when appropriate, the Food and Drug Administration (FDA), can also help create a record of the problem.
Pursuing justice after an injury
A recall may come after the damage is already done, but it does not remove the right to seek justice. A defective product can cause serious injuries, financial losses and long-term health effects. Finding the cause of the injury and identifying responsible parties can help determine the right path forward. Knowing the available legal options can help you protect your rights and pursue fair compensation.]]>On Behalf of Marshall Law, P.C.<![CDATA[Understanding a doctor’s duty of care]]>https://www.marshalllawnm.com/?p=478392026-07-20T20:13:26Z2026-07-20T20:13:26ZWhen you seek medical treatment, you expect your health care provider to deliver care that meets accepted professional standards. While not every unexpected outcome is the result of negligence, doctors and other medical professionals have legal responsibilities once they begin treating a patient.
If you believe a medical error caused your injury, understanding a provider's duty of care is an important first step. In New Mexico medical malpractice cases, this legal concept helps determine whether a health care provider may be legally responsible for the harm a patient suffered.
When does a doctor owe you a duty of care?
A doctor's duty of care generally begins when a doctor-patient relationship is established. This may happen when a provider agrees to treat you, performs an examination, reviews your medical records, or provides medical advice or treatment. Once that relationship exists, the provider is expected to deliver care that meets the accepted standard for similarly trained medical professionals.The duty of care covers many aspects of medical treatment, including reviewing your medical history, ordering appropriate tests, recommending suitable treatment, discussing potential risks, protecting your confidential information, and providing appropriate follow-up care. The law does not require perfect results, but it does require reasonable care under the circumstances.A breach of the duty of care may occur if a provider fails to meet accepted medical standards. Examples include:
Delayed diagnosis
Medication errors
Surgical mistakes
Failure to obtain informed consent
Misinterpreting medical records or test results
Whether a provider breached this duty depends on the specific facts of the case and whether another reasonably competent medical professional would have acted differently under similar circumstances.A doctor-patient relationship is also a key part of New Mexico medical malpractice cases because a provider generally cannot be held responsible for negligence without first owing a legal duty to the patient. In some situations, hospitals, clinics, or medical practices may also share responsibility if their actions or the actions of their employees contributed to a patient's injuries.Understanding a doctor's duty of care can help you recognize when medical treatment may not have met accepted standards. If you believe negligent medical care caused you harm, seeking legal guidance can help you understand your rights and the options available to you.]]>On Behalf of Marshall Law, P.C.<![CDATA[What if fault in a wrongful death claim was divided?]]>https://www.marshalllawnm.com/?p=478372026-07-16T16:50:12Z2026-07-16T16:50:12ZFamilies often have questions after losing a loved one to a traumatic event. They want to know what happened, who is to blame, and what their next steps are.
And another concern is whether a wrongful death claim is still possible if the deceased shared any responsibility for the accident. New Mexico follows apure comparative negligence system, and understanding how that works can help families make informed decisions about their options.
What is comparative negligence?
Comparative negligence is a legal doctrine used to allocate damages when more than one person contributed to an accident. Some states bar recovery if the deceased person was even 1% responsible for their death. However, New Mexico allows the deceased’s surviving family members to recover damages, even if the deceased was mostly responsible for the accident. However, the amount recovered is reduced by the percentage of fault assigned to the deceased.For example, a jury determines that a fatal car accident caused $1 million in damages. If the deceased was found to be 10% at fault, the recoverable damages would be reduced to $900,000. Even if the deceased was 75% at fault, the family could recover up to $250,000 from the other responsible party. New Mexico’s pure comparative negligence rule means even substantial fault on the part of the deceased doesn’t necessarily eliminate the right to pursue compensation.Insurance companies often investigate whether the deceased contributed to the accident in an effort to reduce the amount they have to pay. They may allege the deceased:
Was speeding
Failed to wear a seatbelt
Was distracted while driving
Failed to seek medical treatment promptly after an injury
However, just because allegations were made doesn’t mean they are true. All available evidence must be reviewed when determining fault.Wrongful death cases are rarely black and white, and questions about fault can make them even more complicated. If you have lost a loved one and believe another person’s negligence played a role, you don’t need to navigate the legal process on your own. A legal professional can evaluate the strength of your claim and pursue compensation you may be entitled to receive.]]>On Behalf of Marshall Law, P.C.<![CDATA[Can you still sue if the accident was partly your fault?]]>https://www.marshalllawnm.com/?p=478352026-07-13T11:52:23Z2026-07-13T11:52:23ZAfter a preventable incident causes a serious injury, you may worry that one mistake will erase your right to compensation. Perhaps you ignored a warning sign, moved too quickly or failed to notice a danger. New Mexico law does not automatically bar your claim because you bear partial responsibility. Instead, your share of fault usually lowers the amount you may recover. Understanding how that calculation works can help you respond when an insurer tries to place too much blame on you.
Understand New Mexico’s comparative negligence rule
New Mexico uses pure comparative negligence. Under the state’s comparative negligence instructions, jurors first decide the full value of the claim. They then assign each person a share of fault and reduce the award by the injured person’s percentage.Unlike modified systems, New Mexico has no 50% or 51% cutoff. You may still recover part of your damages even if a jury finds you mostly at fault. You must still prove that another party acted negligently and contributed to your injury.
Calculate how fault affects compensation
Suppose you suffer a spinal injury after falling on poorly maintained stairs at an Albuquerque business. Your total damages are $500,000. A jury finds the property owner 70% responsible for the broken handrail and assigns you 30% because you entered the area despite a warning. Your share lowers the award by $150,000, leaving $350,000.The same legal principle can apply to serious injury claims involving unsafe property, dangerous products or other hazards. Photos, incident reports, witness statements and medical records can help show what happened. They can also help a jury decide how to divide fault.
Prepare for insurers to shift blame
Each point of fault placed on you can reduce what the insurer pays. An adjuster may focus on a warning you missed, the route you chose or a statement you made at the scene. The insurer may also treat uncertainty as an admission that you caused the injury.Protect yourself by sticking to the facts. Report the incident, photograph the hazard, collect witness names and seek medical care. Avoid guessing about who caused the injury. These steps preserve evidence while the details remain fresh.
Protect your claim before deadlines pass
New Mexico usually gives you three years to file a personal injury lawsuit. Some claims follow different rules. Claims against a state government entity usually require written notice within 90 days and a lawsuit within two years, though local municipal rules may vary. Medical malpractice claims against qualified healthcare providers may also involve different timing rules, requiring filing within three years of the date the malpractice occurred regardless of discovery.Partial fault does not automatically end your claim. Review the deadlines early and preserve the available evidence. A New Mexico personal injury attorney can examine the fault arguments, identify the correct deadline and explain which options may remain open.]]>On Behalf of Marshall Law, P.C.<![CDATA[When does a medication side effect become medical negligence?]]>https://www.marshalllawnm.com/?p=478332026-06-30T04:56:52Z2026-06-30T11:00:35ZEvery medication carries risk. Doctors warn patients about nausea, dizziness or rare allergic reactions before they prescribe a drug. Sometimes, however, a side effect isn't really a side effect at all. Sometimes it's the result of a doctor's mistake. That distinction matters a great deal when injuries occur. Many families, however, often struggle to tell the difference.
Below is a breakdown of how the law draws that line and what steps you can take if you suspect negligence played a role.
What counts as a known risk
Pharmaceutical companies and physicians must disclose common and serious risks before treatment begins. If a patient develops a documented, statistically expected reaction after receiving proper warnings and correct dosing, the law typically treats this as an accepted risk rather than negligence. That’s because the patient consented to that possibility, even if the outcome turned out badly.
When the line gets crossed
Negligence enters the picture when a provider fails to meet the standard of care. For example, if a doctor in Albuquerque or Santa Fe issued a medication without checking a patient's allergy history, he committed an error. There’s no way to count it as an unlucky side effect. The same applies when a pharmacist dispenses the wrong dosage, or when a physician ignores a dangerous drug interaction that any reasonably careful provider would catch.
New Mexico's legal standard
Courts ask whether the provider acted as a reasonably prudent medical professional would under similar circumstances. They will require plaintiffs to show four elements:
A duty of care existed
The provider breached that duty
The breach caused harm
The harm produced real damages.
During this time, judges and juries need medical professionals to explain what proper care looks like. Therefore, expert testimony almost always plays a central role in these proceedings.Why timing mattersNew Mexico imposes a three-year statute of limitations for medical malpractice claims against private providers. On the other hand, claims involving government-run facilities or public employees have a shorter two-year deadline and require a formal notice within 90 days.Therefore, patients who suspect their injury stemmed from carelessness rather than bad luck shouldn't wait. Medical records, pharmacy logs and prescribing history can disappear or become harder to obtain over time.
Talk to someone who knows the difference
Distinguishing an unfortunate side effect from outright negligence requires careful medical and legal analysis. If you experienced serious harm after taking a prescribed medication, consulting a medical malpractice attorney may be a good idea. They can help review your records and determine whether your provider's conduct fell below the accepted standard of care.]]>On Behalf of Marshall Law, P.C.<![CDATA[Active birth interventions can cause physical trauma]]>https://www.marshalllawnm.com/?p=478292026-06-29T01:48:42Z2026-06-29T01:48:42ZForceps and vacuum extraction are risky
Delays in the labor and delivery process increase the risk of oxygen deprivation and other complications. However, unnecessary interventions can potentially cause serious physical trauma.
Doctors can use forceps or specialized vacuum devices to assist with vaginal delivery when the birthing process does not progress as expected. Both forceps and vacuums can cause serious physical injuries. They are both capable of causing tearing injuries to mothers, which can result in significant blood loss, dangerous infections and even nerve damage.
Assisted birth involving forceps or vacuum devices can cause physical trauma to the neck, back and shoulders of a child if they are pulled in an aggressive manner. Forceps can also cause facial trauma, including devastating injuries to the baby's eyes. A host of other complications are also possible. They can trigger increased medical costs, lost wages and other financial losses.
When medical professionals perform unnecessary birth interventions or make major mistakes when administering interventions, expectant mothers and their babies can suffer devastating birth injuries. Care providers and employers, such as hospitals, may be liable for the economic impact malpractice has on affected families. Reviewing medical records with an attorney can help those affected by a preventable birth injury determine if they have grounds to file a medical malpractice lawsuit.]]>On Behalf of Marshall Law, P.C.<![CDATA[Signs of concussion after a fall on the playground]]>https://www.marshalllawnm.com/?p=478272026-06-16T13:03:51Z2026-06-16T13:03:51ZSeeing children playing on playgrounds is a fun part of the summer months. Most children enjoy their time and then go home without any issues. Unfortunately, there are times when a child might fall while they’re playing. If that occurs, the parents must be vigilant about watching for signs of a concussion.
The symptoms of concussions don’t always show up right away. Depending on the injury, it may take days before symptoms become obvious. Because of this, parents should ensure the child receives medical care after the injury.
What symptoms might be present?
Concussions don’t always lead to a loss of consciousness. The children might be able to walk or talk after the injury, so it may appear that they’re not injured. At some point, they may begin complaining of a headache, dizziness, nausea or vomiting. Parents may notice that the child is having trouble with balance, communication or memory. Mood and behavior changes are also possible. The child may become irritable or emotional. They may become anxious or withdrawn. Some children have trouble concentrating or returning to normal activities. If the child is younger, they may cry more than usual, have changes in their eating habits and have noticeable changes in their sleep patterns. Concussions can come with costly medical bills, and the parents may have to take time off work. Those financial challenges may lead the parents to seek compensation for the playground injury. This can be challenging, but working with someone familiar with these premises liability cases may make the situation a little less stressful, which can greatly benefit the child and their family members.
]]>On Behalf of Marshall Law, P.C.<![CDATA[Disabled patients can be at high risk of diagnostic failures]]>https://www.marshalllawnm.com/?p=478242026-06-04T09:12:02Z2026-06-04T09:12:02ZMany people with disabilities are surprised and even shocked when they first experience a level of ignorance and discrimination they didn’t expect in a health care setting. Unfortunately, however, even doctors who treat patients for all kinds of conditions can have negative views – or at least uninformed ones – when it comes to disabled patients.
Not only can this keep people from getting both preventative care and treatment for specific ailments. It can leave conditions undiagnosed. For example, in the Oscar-nominated documentary Crip Camp: A Disability Revolution, a woman with cerebral palsy discusses the time when she was younger, when a surgeon removed her healthy appendix. In fact, the symptoms she was experiencing were caused by a sexually transmitted disease, which she says the doctor never considered because of her disability.
Doctors’ admissions line up with patients’ experiences
While this occurred many years ago, prejudices continue. In one study a few years ago, focus groups of doctors discussed the challenges of treating disabled patients. Some admitted that they found ways to avoid treating them while taking care not to be sued for discrimination. This included telling new patients they had closed their practice.The doctors’ admissions are confirmed by just a sampling of patient stories. One man said he’s been told by doctors, “I really don’t know what to do with you. Maybe you should go elsewhere.” That “elsewhere,” according to some doctors, involved telling patients in wheelchairs to go to a zoo, cattle processing plant or grain elevator to get weighed because they didn’t have the equipment to do it.
Disability and failure to properly diagnose
If a doctor connects any symptom a patient is experiencing to their disability -- whether there is any logical connection or not – without taking the diagnostic steps they would take for a non-disabled patient, they can easily misdiagnose or fail to diagnose a serious and potentially fatal condition or injury. As noted above, ruling out potential diagnoses simply because of preconceived notions about disabled people can also have serious consequences.Not all misdiagnoses or failures to diagnose meet the legal standard for medical malpractice or negligence. That’s why it’s important to review the details with an experienced medical malpractice attorney. This can help people protect their rights to appropriate treatment and care and to seek justice and compensation for harm done.
]]>On Behalf of Marshall Law, P.C.<![CDATA[Should you still seek medical care after a minor fall?]]>https://www.marshalllawnm.com/?p=478222026-06-02T07:43:35Z2026-06-02T07:43:35ZWhy do some injuries take time to manifest?
Not all injuries from falls show immediate symptoms. Adrenaline and shock can make it more difficult to notice pain and other warning signs after an accident. You might feel fine initially, only to experience discomfort, stiffness or pain hours or even days later.
Certain injuries, like concussions or internal injuries, might not be immediately obvious. A head injury might seem minor at first, but it could develop into something more serious without proper evaluation. Sprains and strains can worsen over time if left untreated, potentially leading to chronic problems.
Getting a medical evaluation creates a record of your condition after the incident. A healthcare provider can identify issues you might not notice yourself and recommend appropriate treatment. Early intervention often leads to better outcomes and faster recovery times.
How does medical documentation help you?
Medical records serve as important documentation of what happened and when symptoms began. If your fall occurred on someone else's property or due to hazardous conditions, having professional medical documentation can be valuable. These records establish a clear timeline and connection between the fall and any injuries you sustained.
Without prompt medical attention, gaps in your medical history might raise questions later. Insurance companies and others may wonder why you delayed seeking care if your injuries were significant. Visiting a doctor soon after your fall eliminates these concerns and provides clear evidence of your condition.
Your medical provider can also give you guidance on warning signs to watch for in the coming days. Knowing what symptoms require immediate attention can help you respond appropriately if your condition changes.
Prompt action can protect your right to recover
Even if a fall seems minor, taking your symptoms seriously can help protect your health and support your recovery. By seeking prompt medical attention, you can identify hidden injuries, receive appropriate treatment and create clear documentation of your condition. Acting early also gives you valuable information about potential complications and the steps you can take moving forward.]]>